A defendant in California was convicted of several crimes in state court. The judge in that case made factual findings, and increased the statutory maximum penalty. The United States Supreme Court has previously held that any fact, other than a prior conviction that increases the penalty for a crime, must be charged, determined by a jury, and proven beyond a reasonable doubt.
The state court judge determined that the defendant was on probation at the time the crimes occurred, and as such he increased the penalty handed to the defendant. The Federal court ruled that although a defendant’s probationary status does not fall within the prior conviction exception to the general rule that a sentencing judge may not make factual findings that increase the statutory maximum criminal penalty, a state court’s interpretation to the contrary was not improper.
If you or a loved one have been charged with a crime, it is imperative that you hire an aggressive, experienced criminal defense firm. Hiring an experienced Southern California criminal defense law firm can greatly increase your chances of keeping your freedom, and ensuring that you receive the lowest possible sentence. The attorneys at Wallin & Klarich have been helping people for over 30 years.
Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 1-888-749-0034 or go to our website at wklaw.com for more information.
